Authored By: Sayan Dey
Sister Nivedita University
I. Introduction
Online shopping and digital services have become an integral part of everyday life. Consumers now buy, subscribe and share personal information through websites and mobile applications in seconds.[1] While these digital platforms offer convenience, they also use certain design techniques that can influence or affect consumer decisions. These deceptive practices, commonly known as “dark patterns”, are increasingly being recognized as a matter of concern because they often interfere with a consumer’s ability to make free and informed choices.[2]
To address this, India introduced the Guidelines for Prevention and Regulation of Dark Patterns, 2023 under the Consumer Protection Act, 2019.[3] The Guidelines aim to prohibit unfair practices on the internet and to increase transparency in digital transactions. But the mere introduction of a legal framework doesn’t guarantee effective consumer protection. Questions continue to arise regarding enforcement, regulatory oversight and whether the law can keep pace with fast-evolving digital technologies.[4]
This article argues that although India’s legal framework marks an important step towards regulating dark patterns, it remains insufficient unless supported by stronger enforcement, greater consumer awareness and continuous regulatory reform. The discussion first examines the existing legal framework, then analyses its legislative approach and finally evaluates the practical challenges that continue to undermine effective consumer protection.
II. Legal Framework
The regulation of dark patterns in India is primarily based on the Consumer Protection Act, 2019 (CPA), which protects consumers against unfair trade practices and misleading advertisements. Though enacted before the rise of deceptive digital interface designs, the Act’s broad consumer protection principles provide the legal foundation for addressing unfair practices in the online marketplace.[5]
To deal specifically with the issue of misleading online practices, the Central Consumer Protection Authority (CCPA) has notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023. According to the Guidelines, dark patterns refer to misleading design practices that are designed to mislead or manipulate a consumer into making a choice that they would not ordinarily make if they were given complete and honest information. They ban false urgency, basket sneaking, subscription traps, hidden ads, interference with interfaces, and confirm shaming.[6]
The Guidelines are applicable to those functioning in India as advertisers, sellers, online marketplaces and digital platforms. The object of the Consumer Protection (E-Commerce) Rules, 2020, is to promote transparency, fairness and informed consumer choice of the e-commerce platform. Together, these measures represent India’s first dedicated attempt to regulate deceptive online design practices through a consumer protection framework.[7]
III. Legislative Analysis
A. Consumer Protection Act, 2019 and the Dark Pattern Guidelines, 2023
Under the Consumer Protection Act, 2019, it gives consumers the legal right to protection against unfair trade practices in both physical and digital markets. The Dark Pattern Guidelines, 2023 build on this framework by identifying and prohibiting specific online practices that manipulate consumer behaviour. The Guidelines recognise deceptive techniques, such as false urgency, basket sneaking and subscription traps, to reduce uncertainty for consumers and businesses. [8]
One of the strengths of the Guidelines is that they acknowledge how digital interfaces can influence consumer decisions without the use of false statements or misleading advertisements. Instead of focusing only on the content of an advertisement, the Guidelines also examine the design of online platforms and the way choices are presented to consumers. This reflects a broader understanding of consumer protection in the digital economy.[9]
However, the Guidelines are mainly a regulatory framework with no detailed mechanism on how to identify or investigate violations. Many of the prohibited practices depend on the facts of each case, and are difficult to interpret. As digital platforms develop new techniques to influence user behaviour, implementing the Guidelines effectively of these Guidelines may become more complicated. [10]
B. Enforcement Mechanisms and the Role of the Central Consumer Protection Authority
The Central Consumer Protection Authority (CCPA) is mainly responsible for enforcing the Consumer Protection Act, 2019 and the Dark Pattern Guidelines, 2023. The Authority is empowered to investigate unfair trade practices, issue directions, impose penalties and take action against businesses that violate consumer protection laws. These powers make the CCPA a key institution in regulating digital markets.[11]
Even with these powers, enforcement is a big challenge. Monitoring thousands of websites, mobile applications and online marketplaces operating across India is not an easy task. Many digital platforms regularly update their interface designs, allowing new forms of manipulation to emerge before regulators are able to respond. As a result, identifying and proving the existence of dark patterns often becomes difficult.[12]
Another practical concern is that many online platforms operate across multiple jurisdictions. Although the Guidelines apply to platforms offering goods or services in India, taking effective action against foreign entities may not always be straightforward. For this reason, the success of the present framework depends not only on strong legal provisions but also on efficient enforcement, technological expertise and cooperation between regulatory authorities.[13]
IV. Critical Analysis
A. Enforcement Challenges
India has taken an important step with the introduction of the Dark Pattern Guidelines, 2023. However, the biggest challenge remains ensuring effective enforcement. Digital companies regularly redesign their websites and mobile apps, making it difficult for regulators to catch manipulative practices in real time. A lot of dark patterns are not based on false statements but on subtle interface designs. As a result, proving a violation may require technical expertise and detailed investigation. [14]
Consumer Awareness and Informed Consent
The effectiveness of any consumer protection law depends largely on consumers being able to recognise unfair practices. However, many users remain unaware of how dark patterns affect their choices. Practices such as false urgency, hidden charges and subscription traps often appear to be ordinary features of online platforms. As a result, consumers may make decisions that they would not otherwise have made. This undermines the principle of informed consent, which lies at the heart of consumer protection law.[15]
C. AI-Driven Manipulation
Dark patterns are more sophisticated than ever with the increasing use of artificial intelligence. Digital platforms can analyse users’ browsing history, purchasing habits and personal preferences to present highly personalised content. Although these technologies can improve the user experience, they can also be used to influence consumer choices in subtle ways that are difficult to detect and resist. Although the current legal framework addresses many existing forms of dark patterns, new AI-driven techniques may emerge faster than the law can respond. This highlights the need for regular review of the law so that consumer protection keeps pace with technological developments. [16]
Conclusion
The importance attached to regulating dark patterns has steadily increased as governments and regulatory authorities respond to new forms of digital manipulation. These are interface designs that attempt to influence user behaviour. India’s enactment of the Consumer Protection Act, 2019 and the Dark Pattern Guidelines, 2023 is an important step towards strengthening consumer protection in the digital marketplace. By introducing these measures, the government aims to tackle deceptive online practices and promote transparency in digital transactions.[17]
Nevertheless, dark patterns cannot be eliminated through legislation alone. In order for the law to achieve its intended purpose, effective enforcement, greater consumer awareness and continuous adaptation to technological developments are equally important. Regulators must be ready to respond to new forms of manipulation, as digital platforms become increasingly reliant on artificial intelligence and personalised interface designs.[18]
This article has argued that although the current legal framework is a significant step in the right direction, better enforcement, a clearer compliance standards and a periodic review of the law are necessary to improve its effectiveness. A balanced approach that protects consumers while encouraging innovation will create a fairer, more transparent and trustworthy digital marketplace.
References and Bibliography
Legislation
Consumer Protection Act 2019.
Consumer Protection (E-Commerce) Rules 2020.
Guidelines for Prevention and Regulation of Dark Patterns 2023.
Reports
European Commission, Behavioural Study on Unfair Commercial Practices in the Digital Environment (2018).
Organisation for Economic Co-operation and Development (OECD), Dark Commercial Patterns (2022).
Organisation for Economic Co-operation and Development (OECD), Recommendation of the Council on Artificial Intelligence (2019).
[1] Internet and Mobile Association of India, The Digital Consumer in India (2024).
[2] Organisation for Economic Co-operation and Development (OECD), Dark Commercial Patterns (2022).
[3] Consumer Protection Act 2019; Guidelines for Prevention and Regulation of Dark Patterns 2023.
[4] Guidelines for Prevention and Regulation of Dark Patterns 2023.
[5] Consumer Protection Act 2019.
[6] Guidelines for Prevention and Regulation of Dark Patterns 2023.
[7] Consumer Protection (E-Commerce) Rules 2020; Guidelines for Prevention and Regulation of Dark Patterns 2023.
[8] Consumer Protection Act 2019; Guidelines for Prevention and Regulation of Dark Patterns 2023.
[9] Guidelines for Prevention and Regulation of Dark Patterns 2023.
[10] Guidelines for Prevention and Regulation of Dark Patterns 2023.
[11]Consumer Protection Act 2019; Guidelines for Prevention and Regulation of Dark Patterns 2023.
[12] Organisation for Economic Co-operation and Development (OECD), Dark Commercial Patterns (2022).
[13] United Nations Conference on Trade and Development (UNCTAD), Digital Economy Report 2024.
[14] Organisation for Economic Co-operation and Development (OECD), Dark Commercial Patterns (2022).
[15] European Commission, Behavioural Study on Unfair Commercial Practices in the Digital Environment (2018).
[16] Organisation for Economic Co-operation and Development (OECD), Recommendation of the Council on Artificial Intelligence (2019).
[17] Consumer Protection Act 2019; Guidelines for Prevention and Regulation of Dark Patterns 2023.
[18] Organisation for Economic Co-operation and Development (OECD), Recommendation of the Council on Artificial Intelligence (2019).
